Consultant Retainer Agreement Template for Austria

The Consultant Retainer Agreement serves as a comprehensive legal framework for establishing and managing ongoing consulting relationships under Austrian law. It is particularly suitable for situations where a client requires regular access to a consultant's expertise and services on a continuing basis, rather than for one-off projects. The document addresses key aspects required under Austrian legislation, including clear delineation of independent contractor status under the ABGB (Austrian Civil Code), GDPR compliance requirements, and social insurance considerations under GSVG. This agreement type is commonly used when businesses need consistent access to specialized expertise, strategic advice, or professional services, and includes provisions for regular payment schedules, service availability, and performance standards. The retainer model provides benefits for both parties: guaranteed availability of consulting services for the client and stable, predictable income for the consultant.

1. Parties: Identification of the client and consultant, including full legal names, registration details, and addresses

2. Background: Context of the agreement and brief description of the consultant's expertise and client's requirements

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Retainer Fee', 'Intellectual Property', etc.

4. Scope of Services: Detailed description of the consulting services covered under the retainer arrangement

5. Term and Termination: Duration of the retainer agreement, renewal terms, and termination provisions

6. Retainer Fee and Payment Terms: Monthly/periodic retainer amount, payment schedule, additional fees, and expense reimbursement

7. Independent Contractor Status: Clear statement of consultant's status as independent contractor, not employee

8. Consultant's Obligations: Key responsibilities, availability, quality standards, and reporting requirements

9. Client's Obligations: Client's responsibilities including providing necessary information and access

10. Intellectual Property Rights: Ownership and usage rights of work products and pre-existing materials

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: GDPR compliance measures and data processing obligations

13. Liability and Indemnification: Limitation of liability and indemnification provisions under Austrian law

14. General Provisions: Standard clauses including notices, amendments, severability, and governing law